{"operation":"document","citation":"CPF 520150008W","title":"SACRAMENTO MUNICIPAL UTILITY DISTRICT — Warning Letter","source_type":"enforcement","agency":"Pipeline and Hazardous Materials Safety Administration","status":"historical","official":true,"published_on":"2015-06-30","effective_on":null,"summary":"CLOSED warning letter citing 192.616(c).","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-enforcement-520150008w.json","markdown":"https://regulus.evalyn.ai/document/phmsa-enforcement-520150008w.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-enforcement-520150008w","source_url":"https://primis.phmsa.dot.gov/enforcement-data/case/520150008W","body":"Warning Letter involving SACRAMENTO MUNICIPAL UTILITY DISTRICT. PHMSA's enforcement data identifies the cited regulation as 192.616(c). The case was opened on 2015-06-30 and is reported as closed as of 2015-06-30. Open the official case record for notices, responses, orders, and the latest status.\n\nOfficial case documents:\n\n520150008W_warning letter_06302015.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520150008W/520150008W_warning%20letter_06302015.pdf\n\n520150008W_warning letter_06302015_text.pdf: https://primis.phmsa.dot.gov/enforcement-documents/520150008W/520150008W_warning%20letter_06302015_text.pdf\n\n520150008W_warning letter_06302015_text.pdf\n\nWARNING LETTER\nCERTIFIED MAIL - RETURN RECEIPT REQUESTED\nJune 30, 2015\nMr. Ross Gould\nManager of Thermal Generation of Gas Pipelines\nSacramento Municipal Utility District (SMUD)\n6201 S Street\nSacramento, CA 95817\nCPF 5-2015-0008W\nDear Mr. Gould:\nIt has been brought to PHMSA’s attention through an internal audit that this enforcement\nletter was not sent out. This letter is being sent to you in order to ensure past violations from\nprevious inspections are publicly documented. We recognize that a follow up inspection by\nour inspector in 2015 indicated the noncompliances have been corrected.\nOn August 7, 2012 a representative of the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) pursuant to Chapter 601 of 49 United States Code inspected your\nPublic Awareness Program (PAP) and supporting records for your natural gas transmission\npipeline facilities in Sacramento, California.\nAs a result of the inspection, it appears that you have committed probable violations of the\nPipeline Safety Regulations, Title 49, Code of Federal Regulations. The items inspected and\nthe probable violations are:\n\n\n\n1. §192.616 Public Awareness\n(c) The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API RP 1162, unless the operator\nprovides justification in its program or procedural manual as to why compliance\nwith all or certain provisions of the recommended practice is not practicable and\nnot necessary for safety.\nIn evaluating the PAP effectiveness in 2012, SMUD did not assess the percentage of the\nintended stakeholder audience that understand and retain the key information of the message,\nwithin the area along the system covered by this program or provide justification as to why\ncompliance with all or certain provisions of the recommended practice is not practicable and\nnot necessary for the safety.\nSMUD did not attempt to assess the percentage of the intended stakeholder audiences that\nunderstood and retained the key information in the message received, nor did they pre-test\nmessages for each stakeholder audience group. SMUD also did not provide any justification\nas to why compliance with all or certain provisions of the recommended practice is not\npracticable and not necessary for the safety.\n2. §192.616 Public Awareness\n(c) The operator must follow the general program recommendations, including\nbaseline and supplemental requirements of API RP 1162, unless the operator\nprovides justification in its program or procedural manual as to why compliance\nwith all or certain provisions of the recommended practice is not practicable and\nnot necessary for safety.\nIn evaluating the PAP effectiveness in 2012, SMUD did not determine whether appropriate\npreventive behavior has been understood by the stakeholder audiences and are taking place\nwhen needed, or provide justification as to why compliance with all or certain provisions of\nthe recommended practice are not practicable and not necessary for the safety.\nSMUD also did not evaluate the effectiveness results and data to determine if stakeholders\nhave demonstrated the intended learned behavior for each stakeholder audience group and\nprovided no justification as to why compliance with all or certain provisions of the\nrecommended practice is not practicable and not necessary for the safety.\nUnder 49 United States Code, § 60122, you are subject to a civil penalty not to exceed\n$200,000 per violation per day the violation persists up to a maximum of $2,000,000 for a\nrelated series of violations. For violations occurring prior to January 4, 2012, the maximum\npenalty may not exceed $100,000 per violation per day, with a maximum penalty not to\n2\n\n\n\nexceed $1,000,000 for a related series of violations. Based on the fact these items are\ncorrected, we reviewed the circumstances and supporting documents involved in this 2012\ninspection case. PHMSA decided not to conduct additional enforcement action or penalty\nassessment proceedings.\nNo reply to this letter is required. If you choose to reply, in your correspondence please refer\nto CPF 5-2015-0008W. Be advised that all material you submit in response to this\nenforcement action is subject to being made publicly available. If you believe that any\nportion of your responsive material qualifies for confidential treatment under 5 U.S.C. 552(b),\nalong with the complete original document you must provide a second copy of the document\nwith the portions you believe qualify for confidential treatment redacted and an explanation of\nwhy you believe the redacted information qualifies for confidential treatment under 5 U.S.C.\n552(b).\nPHMSA does apologize for any inconvenience or confusion that this delayed enforcement let\nmight cause. If there are any questions concerning this letter, please do not hesitate to contact\nme at (720) 963-3160. Thank you for your cooperation in this matter.\nSincerely,\nChris Hoidal\nDirector, Western Region\nPipeline and Hazardous Materials Safety Administration\ncc: PHP-60 Compliance Registry\nPHP-500 H. Monfared (#139071)\n3","truncated":false,"body_characters":5725}